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Started by doublestargeezer, 03/24/2026 01:32PM
Posted 03/26/2026 04:19AM | Edited 03/26/2026 04:29AM #10
Originally Posted by James Brown

Hi Dave:  Great question. I think the SAVE act as currently passed through the House is ridiculous. It would indeed disenfranchise millions. My wife has a passport, but if she did not, she would have to get certified copies of her birth certificate and marriage license to match her registered voting name to her US citizenship,and that is an undue burden. So I agree with you… assuming the SAVE act, as passed by the House were  to become law.

Where we differ is that I know the SAVE act passed by the House has 0% chance of becoming an enforceable law.

The SAVE act as it is presently drafted will never pass the Senate, and it will be eviscerated by the Supreme Court if it did pass. As currently drafted it is a ridiculously unconstitutional burden on the right to vote.  Mark my words, any final SAVE act that passes out of the Senate will require only a drivers license, a state issued ID card, a military ID, a student ID, or some other readily available identification card to register and vote.  

You have probably read that 80% of the US favors some ID requirement to register for voting. What the citizens are saying is that people who want to vote need to demonstrate in a relatively typical fashion that they are who they say they are. In Colorado well over 95% of voters register at the drivers license bureau, when we apply for or renew our drivers license.

We do, of course, have to prove our identity when we first get a drivers license, and that is not an undue burden on anyone. Those who have no drivers license, no state issued ID card, and no  other papers of any sort will be burdened, but that is a vanishing small number, and each state can figure out a way for them to prove their identity if they still want to vote.

I imagine you require some sort of identification in Canada if you want to vote?   Most countries do have some sort of ID requirement. So, personally, I am in favor of some minimal identification requirement in order to register to vote, usually a drivers license. On the other hand, I  think it would be ridiculous and unconstitutional to require a married woman to prove that she is a citizen back to birth if she has changed her name. Same deal with other people who changed their names for any number of legal reasons.  

bottom line, the SAVE act as it is currently drafted is a ridiculous and unconstitutional burden on our guaranteed right to vote, and it will never become law.  I expect some watered down, relatively simple and non-invasive voter ID law to pass eventually, and Trump, as is his style,  will claim victory and move onto the next ginned up crisis.  Jim
https://www.elections.ca/content.aspx?section=vot&dir=ids&document=index&lang=e

It looks like Canada does require a relatively straightforward ID of some sort, to prove identity, in order to vote. This is a good reasonable law.   Well done 👍🏼.  I think this is the sort of reasonable law the US will end up with eventually.  I hope so anyway.
Posted 03/26/2026 04:28AM | Edited 03/26/2026 05:01AM #11
Originally Posted by James Brown

https://www.elections.ca/content.aspx?section=vot&dir=ids&document=index&lang=e

It looks like Canada does require a relatively straightforward ID of some sort, to prove identity, in order to vote. This is a good reasonable law.   Well done 👍🏼.  I think this is the sort of reasonable law the US will end up with eventually.
My last comment tonight: the Republicans are pushing a clearly unconstitutional and ridiculously burdensome ID scheme. Meanwhile, the Democrats are insisting that any ID requirement whatsoever is the end of the world. I wish our elected representatives could be as reasonable as those in Canada, where a relatively simple ID requirement is the law of the land.  Unfortunately, this is an issue each party can manipulate to spin up their base.
Posted 03/26/2026 01:26PM | Edited 03/26/2026 05:34PM #12
Originally Posted by Rod Kaufman

"In my opinion, no one will be disenfranchised, no matter how this decision goes."

"So, this is a relatively minor case of federal statutory interpretation."

If that was the true, then you wouldn't have Trump and the GOP pushing so hard for SCOTUS to overturn the case, which they will do. 
Afterall, the GOP, in particular, has always been a staunch advocate of states-rights and against any intrusive effort by the federal government to be deemed superior, especially in matters of electing officials to office. Thus, it seems evident the latter is the real motivation driving this case and not some sort of clamor for clarification of a "minor case of federal statutory interpretation." Otherwise, they wouldn't be pushing so hard on this one...
The outcome of this case will make no difference, as we discussed above. You did not answer when I asked whether you personally thought the outcome of this case mattered, one way or the other.

Trump is pushing hard for one reason only… He’s using this case to advance his BS voter fraud narrative. Also, does any Democrat really think that allowing “postmark“ +5 day mail in ballots is necessary to preserve the right to vote for anyone?

I’m going to stand by my opinion that this is a relatively minor case of federal statutory interpretation. That does not mean the parties will not exploit the case to spin up their rabid bases.
Posted 03/27/2026 02:15AM #13
Originally Posted by James Brown

The outcome of this case will make no difference, as we discussed above. You did not answer when I asked whether you personally thought the outcome of this case mattered, one way or the other.

Trump is pushing hard for one reason only… He’s using this case to advance his BS voter fraud narrative. Also, does any Democrat really think that allowing “postmark“ +5 day mail in ballots is necessary to preserve the right to vote for anyone?

I’m going to stand by my opinion that this is a relatively minor case of federal statutory interpretation. That does not mean the parties will not exploit the case to spin up their rabid bases.
"Currently, 14 states and the District of Columbia allow grace periods for late-arriving mail ballots, as long as they are postmarked by Election Day. A Votebeat analysis of data from the 2024 election found that at least 750,000 ballots eligible to be counted arrived after Election Day that year. Groups representing military and overseas voters have warned they could be disproportionately affected, and election experts have also said tightening the receipt deadlines could disenfranchise voters affected by slow postal service through no fault of their own."

https://www.votebeat.org/national/2026/03/23/supreme-court-late-mail-ballots-election-day-mississippi-2026-midterm-elections/

IMO, anything in this regard that potentially impedes the counting of votes is generally a boon to Trump and his fellow Republicans.
Posted 03/27/2026 10:10AM #14
Originally Posted by James Brown

The outcome of this case will make no difference, as we discussed above. You did not answer when I asked whether you personally thought the outcome of this case mattered, one way or the other.

Trump is pushing hard for one reason only… He’s using this case to advance his BS voter fraud narrative. Also, does any Democrat really think that allowing “postmark“ +5 day mail in ballots is necessary to preserve the right to vote for anyone?

I’m going to stand by my opinion that this is a relatively minor case of federal statutory interpretation. That does not mean the parties will not exploit the case to spin up their rabid bases.

The biggest problem with the SAVE America ACT is that it's a bill in search of a problem. There is no widespread evidence of voter fraud that would have ever affected the outcome of a national election. As you have said, its main purpose seems to be to outrage the Republican constituency and feed Trump's ego, which will never let him accept that he lost the 2020 election. There are some truly worrying parts of the bill, though, like requiring states to share voting data with the federal government with no restrictions or safeguards on its use, and mandating that states routinely perform voter roll purges. All of this stuff is not necessary and can lead to all kinds of abuse and unintended consequences that will only harm voter rights and access. With so many real problems that need solving, like the unaffordability of health care, it's so depressing to see our politicians waste time and money again and again on political theater and grandstanding. Not to mention that if they do eventually get the bill signed into law, it will take years, if not decades, to wind its way through the courts and be found unconstitutional. In the meantime, the harm will be done, and the chilling effect will take even more years and decades to unwind. Republicans know this, and will gladly pass a law they know is unconstitutional, for political posturing, chilling effects, and the hope that they can erode long-standing precedents. Republicans have done it over and over again here in Texas to great success.
Posted 03/27/2026 05:30PM #15
Originally Posted by Rod Kaufman

"Currently, 14 states and the District of Columbia allow grace periods for late-arriving mail ballots, as long as they are postmarked by Election Day. A Votebeat analysis of data from the 2024 election found that at least 750,000 ballots eligible to be counted arrived after Election Day that year. Groups representing military and overseas voters have warned they could be disproportionately affected, and election experts have also said tightening the receipt deadlines could disenfranchise voters affected by slow postal service through no fault of their own."

https://www.votebeat.org/national/2026/03/23/supreme-court-late-mail-ballots-election-day-mississippi-2026-midterm-elections/

IMO, anything in this regard that potentially impedes the counting of votes is generally a boon to Trump and his fellow Republicans.
Drop boxes.  No one should count on the USPS to quickly deliver extremely time sensitive mail.

750,000 is a shockingly small number by the way.  Over 150,000,000 (150 million) votes were cast.  If 14 states allowed "postmark" voting, I would expect lots more than 1/2% of the voters to use it.  I wonder if 750k is a typo?

Last a semantic point - the article misuses and dilutes the word "disenfranchise" in my opinion.  In Colorado, for example, someone who mails their vote too late for it to be counted, or who shows up at the drop box an hour after voting closes is not "disenfranchised"  They merely failed to vote through their own negligence.  If every state requires actual receipt of the ballot by election day, no one will be disenfranchised.  At most those who prefer to vote by mail will have to make the minimal effort to get their ballot to the post office 5 or 6 days before the election.    Even in Colorado, if you are too lazy to mail your ballot on time, and too inept to find a drop box, you can still vote in person on election day.
Posted 03/27/2026 05:34PM #16
Originally Posted by Rod Kaufman

IMO, anything in this regard that potentially impedes the counting of votes is generally a boon to Trump and his fellow Republicans.
What do you base your opinion on?  Trump won the hypothetical "popular vote."  Are Democrats less able to vote on time, for some reason I'm not aware of?
Posted 03/27/2026 05:41PM #17
Originally Posted by James Brown

What do you base your opinion on?  Trump won the hypothetical "popular vote."  Are Democrats less able to vote on time, for some reason I'm not aware of?
Every now and then I like to remind you I voted for Harris in the last election.   Any break from D party dogma can be interpreted as support for Trump, which is not my intention here.    

I think the SAVE act, as passed by the house is an unconstitutional disaster.   At the same time, I think it is beneficial, and certainly not a big deal, if mailed ballots must be received by election day to count, with appropriate exceptions for military personnel stationed overseas, as already included in other federal laws.
Posted 03/27/2026 08:30PM | Edited 03/27/2026 08:32PM #18
Originally Posted by James Brown

Every now and then I like to remind you I voted for Harris in the last election.   Any break from D party dogma can be interpreted as support for Trump, which is not my intention here.    

I think the SAVE act, as passed by the house is an unconstitutional disaster.   At the same time, I think it is beneficial, and certainly not a big deal, if mailed ballots must be received by election day to count, with appropriate exceptions for military personnel stationed overseas, as already included in other federal laws.
Regardless of my opinion on the matter, I hope you're correct because the argument is really moot since SCOTUS will overturn the states' actions on the matter anyway.

That said, I'm not so sure SCOTUS would consider the SAVE act unconstitutional with the same zeal as you do, should it get that far. I think Clarence and Sammy would be all in on it and perhaps Gorsuch and beerman, too. The wild cards would be Roberts and Barrett. To be clear, I think the SAVE act is, of course, unconstitutional but given the nature of the court, it still stands a chance of prevailing in SCOTUS, if it passes...
Posted 03/28/2026 06:21PM #19
Originally Posted by James Brown

Every now and then I like to remind you I voted for Harris in the last election.   Any break from D party dogma can be interpreted as support for Trump, which is not my intention here.    

I think the SAVE act, as passed by the house is an unconstitutional disaster.   At the same time, I think it is beneficial, and certainly not a big deal, if mailed ballots must be received by election day to count, with appropriate exceptions for military personnel stationed overseas, as already included in other federal laws.
We didn't consider the slippery slope:   

"Despite seeming to favor limiting mail-in ballots, several justices seemed concerned about a slippery slope that could impact voters who cast their ballots before Election Day. "   "During Monday’s arguments, Justice Elena Kagan questioned why the RNC does not also take issue with early voting, since its rule seems to say that both casting and receiving votes must occur on Election Day. "

"Paul Clement, a lawyer for the RNC, said that the history surrounding early voting is “different” than that of late-received ballots; the votes just need to be “consummated” by Election Day. Solicitor General D. John Sauer told the court that the Trump administration agrees."

"Chief Justice John Roberts, however, seemed unsure of the difference."

“If Election Day is the voting and taking, that has to be that day,” he said. “So maybe I just missed it, but it seems to me maybe you’re not saying anything other than, ‘Well, that’s different,’” he said. "

"In the 2024 presidential election, more than 88 million voters cast their ballots early by mail or in-person, including some 41 percent of registered Democrats and 38 percent of registered Republicans, according to NBC. The 2022 midterms saw more than 47 million voters cast ballots early by mail or in-person, including 45 percent of Democrats and 35 percent of Republicans."

https://thehill.com/regulation/court-battles/5804841-supreme-court-mail-in-ballots/